21/06/2021
What is your Responsibility - Straying Stock on Public Roads
In light of several recent motor vehicle collisions involving livestock on public roads, it is important to remember your responsibility as a stock owner.
Please ensure you are aware of the following points in regards to your responsibility to safe guard against your stock straying on public roads.
• Ensure your boundary fences are stock proof. Regularly maintain your fences and attend to repairs immediately. The Dividing Fences Act 1991 (NSW) provides information regarding liability for fencing work.
• It is an offence to cause or permit an animal to be unattended in a public place, unless the person establishes that they took reasonable precautions to prevent the animal from being unattended (Impounding Act 1993).
• The Biosecurity Act 2015 outlines you have an obligation to, when dealing with biosecurity matters or a carrier, take measures to prevent, minimise or eliminate the risks of exposure to pests and/or disease. Stock can create a biosecurity risks if they are allowed to stray and you may be committing an offence under this legislation if your stock wander outside of your property.
The Impounding Act 1993 (NSW) outlines:
• An animal is considered ‘impounded’ as soon as an impounding officer takes possession of it. It continues to be impounded until it is released or disposed of.
• An impounding authority can recover the fees and charges payable for impounding, holding costs and any loss or damage attributed to the straying / trespassing animal.
• If your stock has strayed, an impounding officer may destroy the animal immediately if the animal is seriously injured, diseased, in a distressed state or the animal is worth less than the cost of delivering to a pound.
• The impounding authority can recover the cost of destroying the animal and disposing of its carcase from the owner.
• An impounding authority must cause an impounded item to be offered for sale if the item is not released before the deadline for release, if the owner does not take action or they are unable to identify the owner.
If your stock stray onto a public road and are a contributing factor to a motor vehicle accident, you may be charged with a criminal offence.
Please contact your Local Council if you see straying stock on public roads.
